Your Rights When Things Go Wrong

What if I buy faulty goods?

You should tell the seller straightaway. What you are entitled to depends on how significant the fault is, and how soon you tell the seller.

You have no rights if:

You have changed your mind, damaged the goods yourself, or were told of the faults when you bought the goods.
If the shop claims that the fault is due to fair wear and tear, or customer damage, you have to disprove it. This may include getting an independent expert opinion. It is quite common, especially where there is a dispute, for the seller to return goods to the manufacturer for inspection.

What are my rights?

Traders have a responsibility to their customers to sell goods that are of satisfactory quality, fit for their purpose and as described. Your contract is with the trader not the manufacturer. The trader then has a claim against the manufacturer.

What does this mean?

"Satisfactory quality" - means of a reasonable standard taking into account such things as the price and age of goods.
"Fit for the purpose" - in other words if you ask for a glue that is suitable for sticking handles to mugs, that is what you should get.
"As described" - this can be verbal or in writing eg a 100% cotton shirt shouldn't be polyester and cotton.

What about guarantees?

Many products come with guarantees. While they may be useful they do not reduce your ordinary rights.

Be careful

You have fewer rights when you buy goods privately, or from an auction. The goods only have to be "as described".

For example, if you buy a car privately and it is described as a 'Ford Escort~ B registered car for £1,000", you have no rights if you then find out the engine is defective.

What should I do?

Go back to the shop as soon as possible with the goods. A trader can't refuse to do anything just because you haven't got a receipt. The law doesn't say you have to have a receipt but you will have to provide some proof of purchase if challenged. A credit card slip or cheque stub can be used to show the date of purchase, the seller and the price paid.

What can I expect?

If you go back to the seller promptly you should be able to get your money back. You may choose to have the goods repaired but you can retain your right to a refund if the repair is unsatisfactory.

If you delay in telling the seller about the fault you may not be entitled to a refund, but you can still have the goods repaired or receive compensation. Alternatively you may accept a replacement.

What if the shop is unhelpful?

If you are offered a credit note you don't have to accept it. If you accept it you will usually be unable to exchange it for cash later on and there may be a time limit on it.

If you are unhappy with the response, then put your complaint in writing. Send the letter by recorded delivery post and keep a copy.

If the shop is a branch of a chain store then write to the head office too. Send your letters by recorded delivery post. Never send original documents, and always keep copies of any letters.

What if the shop still won't sort the problem out?

At this stage you should consider getting an expert to look at the goods, and ask for his/her opinion.

Consider the following..

What is wrong with the goods?
How did the fault occur?
Can it be satisfactorily repaired?

What if that fails?

If all else fails then you can think about taking the firm to court. For further information contact your local County Court, or ask for a free leaflet from Staffordshire Trading Standards (address below). Remember, before taking this action you will need to have given the trader a reasonable opportunity to put matters right using the steps described in this leaflet.

Further advice and information can be obtained from Staffordshire Trading Standards at:

Consumer Advice - Consumer Direct
Tel: 08454 04 05 06
E mail: consumer.advice@staffordshire.gov.uk
Minicom: 01785 854156

14 Martin Street,
Stafford,
ST16 2LG

All of our information leaflets are available in a range of formats and languages, including Braille and large print. If this would be useful to you or someone you know, please contact us.

Last Modified: 25/09/2006 12:37:40
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